Property Law - President Zuma signs the Spatial and Land Use Management Bill

President Zuma signs the Spatial and Land Use Management Bill into law and assents to the Co-operative Amendment Act

05 August 2013

President Jacob Zuma has signed into law the Spatial Planning and Land Use Management Bill, 2013 as well as assented to the Co-operative Amendment Act 6 of 2013.

SPATIAL PLANNING AND LAND USE MANAGEMENT ACT

The Spatial Planning and Land Use Management Act seeks to bridge the racial divide in spatial terms and to transform the settlement patterns of the country in a manner that gives effect to the key constitutional provisions.

It will address the legacy of the discriminatory, inefficient and costly special pattern which puts a considerable burden on the public resources. The Act will also ensure that the restructuring of the South African cities, towns and settlements is in line with the priorities and principles of the democratic government.

In particular, the objectives of the Act are to:

a) Provide for a uniform, effective and comprehensive system of spatial planning and land use management of the Republic;

b) Ensure that the system of spatial planning and land use management promotes social and economic inclusion;

c) Provide for development principles and norms and standards;

d) Provide the sustainable and efficient use of land;

e) Provide for the cooperative government and intergovernmental relations amongst the national, provincial and local spheres of government; and

f) Redress the imbalance of the past and ensure that there is equity in the application of spatial development planning and land use management.

COOPERATIVE AMENDMENT ACT

President Jacob Zuma assented to the Co-operative Amendment Act 6 of 2013. This is an amendment to The Co-operatives Act 14 of 2005 which came into effect on 02 May 2007.

This Act provides for the establishment, functions and powers of the Co-operatives Development Agency. Amongst others, the amendment provides for associate membership of the co-operatives, the annual submission of information to CIPC (Companies and Intellectual Property Commission), categories of primary co-operatives and the national apex co-operatives.

Besides providing for the establishment, composition and functions of the Co-operative Tribunal, the Act provides for a Co-operative to apply for a declaratory order in respect of the liquidation process and for the registrar of Tribunal to order the winding-up of a co-operative.

The legislation amends the accounting practices by providing for the audit and independent review of co-operatives, the payment of fees by the co-operative for the amalgamation, division and conservation, including the transfer of cooperatives.

The Co-operative Amendment Act states that the provincial departments of Economic Development, under which co-operatives in South Africa fall, will be responsible for the co-ordinating and reporting of all co-operative activities in the provinces involving other departments’ and stakeholders, while the municipalities will be responsible for the co-ordinating activities within their area of jurisdiction.